The University of Delaware and its campus police force now face a lawsuit in connection to the controversial arrest of a high school graduate last summer.
The action was announced Tuesday in downtown Wilmington, as attorneys from the Philadelphia chapter of the Council on American-Islamic Relations, or CAIR-Philadelphia, and Jacobs & Crumplar, P.A., levy this civil suit against the state's largest university.
The legal team, acting on behalf of former Christina School District student Mohammed Sanogo and his family, aim to bring the fight to U.S. District Court, wherein a jury could decide appropriate financial damages.
"Jacobs & Crumplar is happy to help Mohammed stand up for his rights," attorney Pat Gallagher said in a statement ahead of the filing. "June 15, 2023, should have been spent in celebration of his achievement, in the company of family and friends; unfortunately, the memory of that day will be forever tarnished. We look forward to getting justice for Mohammed.”
Attorneys said the lawsuit will lay out four claims against university police officers — specifically Lt. Anthony Battle and Officer Valerie Battles — concerning alleged excessive force, malicious prosecution, assault and battery. Another claim of "respondeat superior" comes against UD itself, seeking to hold the officers' employer accountable.
The university said it will not comment on pending litigation.
In a statement published with the release of the video footage last year, UD said it "has stated and continues to maintain that UD police officers acted appropriately in addressing behavior that posed a risk to public safety."
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Sanogo graduated from Newark High School at the Bob Carpenter Center last June. Less than an hour after he walked the stage, as previously reported, the 18-year-old was thrown to the ground and arrested by University of Delaware police, later facing charges with reckless driving and resisting arrest.
"I will always remember that night," Sanogo told a crowd at CAIR-Philadelphia's annual banquet this March, seen later on video. "It was my first time being arrested."
Sanogo and his mother, Mariame, were present with attorneys, gathered near the J. Caleb Boggs Federal Building, but did not make formal statements Tuesday. No one from UD appeared to be present.
Last summer, the controversial arrestspurred reactionthroughout the community, with eyewitness accounts and videos calling into question the charges and the actions of the police officers. As pressure mounted, and an “extensive” review of the case by the Delaware Department of Justice continued, UD released body cam footage.
Sanogo, then headed to the University of Maryland, received outpourings of support for his character from friends and community members after the incident, as previously reported.Forty-one letters of support were written to the state. And the Christina school board unanimously voted to move its graduationsoff campusthe next month.
By late July, the graduate no longer faced charges.
Charges of reckless driving and resisting arrestwere droppedafter the state examined footage, spoke to university police and mandated the student take a "Department of Justice-sanctioned course,” according to a letter submitted to the clerk of court.
Attorneys Tuesday didn't want to see the story end there.
As CAIR-Philadelphia Civil Rights Attorney Timothy Welbeck put it, in a statement: "The lawsuit seeks to ensure other young American Muslims do not face what Mohammed experienced — driving while Black and Muslim, irresponsibly brought into the criminal justice system."
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Do we know what happened? Looking back at reporting
After graduation had ended, Sanogo and a group of friends were leaving the UD parking lot after taking photos, as previously reported. According to the arrest warrant last summer, police officers then became aware of three cars in the lot that were “driving unsafely.”
One of those cars was Sanogo’s. Officers also claimed “passengers sitting outside of the passenger side windows while the cars were in motion,” per the warrant. Police told them to leave the premises.
Body camera footage showed Sanogo leaving the parking spot, with a screech heard from his car as he quickly turns toward the exit. Then, waiting at the light to leave, witness and body camera video both showed trucks begin to box him in. The university did not provide clarity on those trucks last summer.
At that point, officers asked Sanogo to exit his vehicle, which is when the university claims he “revved the engine and put the vehicle in reverse.”
Rear dash camera footage provided to Delaware Online/The News Journal last year showed Sanogo at the red light, surrounded by trucks in front of and beside him. When the light turns green, the trucks do not move, thus boxing him in.
As seen in released footage, Lt. Battle and Officer Battles head over to where Sanogo is stopped at the light. Battles yells at Sanogo and others inside to "put it in park," while Lt. Battle tells Sanogo to "get out." UDPD stated that officers ordered Sanogo to step out of his vehicle 12 times.
"What I remember next is a police officer throwing me to the ground and pressing his knee to my neck," Sanogo said in March. "I was terrified."
Videos from multiple witnesses and released footage show Lt. Battle attempting to place Sanogo under arrest, taking him to a grassed area, picking him up and throwing him down. The arrest warrant claims that teen "refused to place his hands behind his back and physically resisted."
Ultimately, Sanogo was placed under arrest, then held until 4 a.m. before being released on $200 bail. Now, accounts from the June evening could play out in a federal courtroom.
"He feared for his life. He was terrified. He was taken to a nearby jail and sat there for hours when he should have been celebrating with his family," Attorney Welbeck said Tuesday.
"We're coming forward to seek justice, to make a statement that Muhammad should not have been treated the way in which he was treated on that evening — that no one should be treated in that way."
Konner Metz contributed to this report. Got a story? Contact Kelly Powers at kepowers@gannett.com or (231) 622-2191, and follow her on Twitter @kpowers01.
This article originally appeared on Delaware News Journal: UD faces lawsuit over high school student arrest at 2023 graduation
